Akash Kumar Sidar v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 425 of 2014 • Akash Kumar Sidar S/o Kholbahra Prasad Sidar, Aged About 27 Years R/o Village Bhatgaon, Police Station & Tahsil Bilaigarh, Distt (Revenue and Civil) Balodabazar-Bhatapara (CG) ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Nagriy Prashasan Avam Vikas Mantralaya, Mahanadi Bhawan, New Raipur, Tahsil and District (Revenue & Civil) Raipur (CG)

2. Chief Municipal OfÏcer Nagar Panchayat Bhatgaon, Police Station & Tah Bilaigarh, District (Revenue & Civil) BalodabazarBhatapara(CG)

3. President, Nagar Panchayat Bhatgaon, Police Station & Tah Bilaigarh, District (Revenue & Civil)- Balodabazar-Bhatapara (CG) ---- Respondent For Petitioner None For Respondent /State Mr. SP Kale, Dy.AG Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 9/5/2017

1. Perused the record and also heard Mr. SP Kale, learned Dy. AG for the State.

2. Aggrieved by the rejection of his candidature for selection to the post of Shiksha Karmi Grade-III on the ground that he does not possess the essential qualification of Teachers Eligibility

Test (TET), the petitioner has filed this writ petition.

3. Admittedly the Chhattisgarh Shikshak (Nagriya Nikay) Sanvarg (Bharti Tatha Sewa Ki Sharte) Niyam, 2013, provides for TET as one of the mandatory qualification, therefore, the petitioner is not eligible for consideration of his candidature.

4. Merely for the reason that some other Local Body has considered any candidate, who does not possess TET qualification, the petitioner cannot invoke Article 14 of the Constitution of India, because, the equality clause in Article 14 does not permit negative equality.

5. There is no substance in the petition, therefore, the same is dismissed. Sd/- Judge (Prashant Kumar Mishra) Shyna